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Taco Bell has prevailed in its fight over the trade mark “Taco Tuesday” in all 50 states of the USA. The news comes after Gregory’s Restaurant and Bar in Somers Point, New Jersey (“Gregory’s)  took action to forfeit its decades old trade mark earlier this week.

We reported back in May that Taco Bell had filed an appeal with the US Patent and Trademark Office to cancel the mark “Taco Tuesday” owned by rival Taco John’s. Taco Bell argued that the phrase “Taco Tuesday” had lost its distinctiveness and thus was too commonplace to be used exclusively by Taco John’s.

In July, Taco John’s made the decision to abandon its trade mark registration in 49 states across the US as it did not want to incur the cost that would come with arguing the appeal. However, Gregory’s took more a little more convincing to withdraw its mark which was valid under the remaining state. Upon the withdrawal, Gregory Gregory, co-owner of Gregory’s stated “for Gregory’s Restaurant and Bar, ‘Taco Tuesday’ brought a lot of pride over the past 40 years. Relinquishing the trademark [sic] registration doesn’t change that, but it does allow others in New Jersey the same opportunity to build their own traditions and help spread Taco Tuesdays throughout New Jersey.

A US trade mark attorney claimed the fees for fighting to retain the trade mark would have been in excess of $100,000 (over £82,000 using today’s exchange rate) which attests to the significant cost of litigation in the USA.

Taco Bell are no doubt elated to have freed Taco Tuesday and are now free to use the phrase across the states, as is anyone else, without the risk of legal repercussion from Taco John’s or Gregory’s.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.

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